House File 528 - Introduced HOUSE FILE 528 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 115) A BILL FOR An Act relating to responsibilities for expenses for the 1 safekeeping and maintenance of prisoners by counties and 2 cities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1956HV (1) 86 aw/sc

H.F. 528 Section 1. Section 356.15, Code 2015, is amended to read as 1 follows: 2 356.15 Expenses. 3 1. a. All charges and expenses for the safekeeping and 4 maintenance of prisoners , as described in section 356.5, after 5 an initial appearance before a magistrate required under 6 section 804.21 or 804.22 shall be allowed paid for by the board 7 of supervisors, except those committed or detained by the 8 authority of the courts of the United States, in which cases 9 the United States must pay such expenses to the county, or 10 those committed for violation of a city ordinance, in which 11 case the city shall pay expenses to the county, or those 12 committed or detained from another state, in which case the 13 governmental entity from the other state sending the prisoners 14 shall pay expenses to the county. 15 b. For a prisoner who receives medical aid at a hospital 16 or other medical facility and is eligible for Medicaid or 17 is insured by a third-party payer, the hospital or medical 18 facility shall first bill Medicaid or the prisoner’s insurer. 19 If the prisoner is not eligible for Medicaid and is not 20 insured, the hospital or medical facility shall bill the 21 prisoner. If a prisoner fails to pay the expenses for medical 22 aid, the applicable board of supervisors or city council shall 23 pay the expenses for the medical aid, as required pursuant to 24 paragraph “a” . 25 2. All charges and expenses for the safekeeping and 26 maintenance of a prisoner before an initial appearance before 27 a magistrate shall be paid for by the governmental entity 28 responsible for arresting the prisoner if the charges and 29 expenses are not otherwise billed and collected as provided in 30 subsection 1, paragraph “b” . 31 Sec. 2. Section 804.28, Code 2015, is amended to read as 32 follows: 33 804.28 Department of public safety prisoners Sheriff to 34 accept custody . 35 -1- LSB 1956HV (1) 86 aw/sc 1/ 3

H.F. 528 1. The sheriff of any county shall accept for custody in 1 the county jail of the sheriff’s respective county any person 2 handed over to the sheriff for safekeeping and lodging by any 3 of the following: 4 a. Any member of the department of public safety. 5 b. Any member of any law enforcement agency within the 6 county after a magistrate has committed the person to bail 7 pursuant to section 804.21 or 804.22. 8 2. The county shall not be liable for medical treatment for 9 injuries incurred by a person before the person is transferred 10 to the custody of the sheriff. Medical treatment for injuries 11 experienced by a person before the person is transferred to 12 the custody of the sheriff shall be the liability of the 13 governmental entity responsible for arresting the person if the 14 medical treatment expenses are not billed to and collected from 15 the person or an insurer. Any expenses payable by the state 16 pursuant to this section shall be paid out of any moneys in 17 the state treasury not otherwise appropriated. The expenses 18 payable by the state shall be paid on claims filed with the 19 department of administrative services. 20 3. For the purposes of this section “custody” is defined to 21 begin at the conclusion of a person’s initial appearance before 22 a magistrate under section 804.21 or 804.22 unless defined 23 otherwise in an agreement between the county and another 24 governmental entity responsible for making an individual 25 arrest. 26 Sec. 3. IMPLEMENTATION OF ACT. Section 25B.2, subsection 27 3, shall not apply to this Act. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to expenses for the safekeeping and 32 maintenance of prisoners by counties and cities. Under current 33 law, the board of supervisors for a county is required to allow 34 all charges and expenses for the safekeeping and maintenance 35 -2- LSB 1956HV (1) 86 aw/sc 2/ 3

H.F. 528 of prisoners at a county facility. The bill provides that 1 medical treatment for injuries experienced by a person before 2 the person is transferred to the sheriff are the liability 3 of the arresting governmental entity if the expenses are not 4 billed and collected from the person or an insurer. The bill 5 also establishes a structure for charging and billing for the 6 medical aid expenses of prisoners. 7 The bill may include a state mandate as defined in Code 8 section 25B.3. The bill makes inapplicable Code section 25B.2, 9 subsection 3, which would relieve a political subdivision from 10 complying with a state mandate if funding for the cost of 11 the state mandate is not provided or specified. Therefore, 12 political subdivisions are required to comply with any state 13 mandate included in the bill. 14 -3- LSB 1956HV (1) 86 aw/sc 3/ 3